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The Unconstitutionality Of Card Check
RedState: Conservative News and Community —
... Richard Epstein does the compelling analysis. From a political standpoint, card check legislation is so egregiously bad and unpopular that any opponent would be tempted to welcome a political fight over it, in the hopes that in the process of defeating card check legislation, opponents could also inflict some serious political wounds upon those who support such legislation. To be sure, there is the danger that card check legislation might somehow pass, but at this stage, it is doubtful (to say the least). In order to get the Republican Party off its back politically, an ...
The Unconstitutionality Of Card Check
A Chequer-Board of Nights and Days —
Richard Epstein does the compelling analysis. From a political standpoint, card check legislation is so egregiously bad and unpopular that any opponent would be tempted to welcome a political fight over it, in the hopes that in the process of defeating card check legislation, opponents could also inflict some serious political wounds upon those who support such legislation. To be sure, there is the danger that card check legislation might somehow pass, but at this stage, it is doubtful (to say the least). In order to get the Republican Party off its back politically, an ...
Dissecting Leftism — ... The Employee Free Choice Act Is Unconstitutional: "A top priority of the incoming Democratic Congress and Obama administration is the misnamed Employee Free Choice Act. The EFCA, as is well known, introduces a card-check procedure that allows a union to gain recognition without an election by secret ballot. Thereafter a government arbitration panel can impose, without judicial review, all the terms of an initial two-year collective "agreement" if the parties cannot negotiate an agreement within 130 days. It is commonly supposed that economic regulation is immune to ...
The unconstitutional aspects of Card Check
Betsy's Page —
Richard Epstein , University of Chicago law professor, explains today why the Orwellian-named Employee Free Choice Act is unconstitutional. He focuses on the mandatory arbitration requirements of the law, an aspect that may be even more dangerous to management although it hasn't gotten as much publicity as the provisions ending secret ballots. The EFCA takes away the employer's right to walk. Now the successful union, backed by direct government power -- i.e., mandatory arbitration -- can force itself on the firm. Yet the proposed law does not let any court block the deal or ...
The Case Against Card Check
Hit & Run —
... Whole thing here. In reason's June 2008 issue, David Weigel explained why union activists are rubbing their hands at the ...
WSJ Writer: Free Choice Act Is ‘Unconstitutional,’ Denies Employers The Right To Intimidate Workers
Wonk Room —
... In the Wall Street Journal today, Richard Epstein, a professor of law at the University of Chicago and senior fellow at the Hoover Institution, claimed that the Employee Free Choice Act is “unconstitutional” because it “justifies a clandestine organizing campaign which ...
Happy Hour Links
Weekly Standard Blog —
McCain opposes auto bailout.
The Employee Free Choice Act is unconstitutional.
California towns face bankruptcy.
Czechs won't ratify EU treaty without approval of missile defense in Europe.
Where the $350 billion in TARP funds have been sent.
The Improbable Claim That EFCA Is Unconstitutional
ACSBlog: The Blog of the American Constitution Society —
... The proposed Employee Free Choice Act (EFCA) authorizes National Labor Relations Board (NLRB) certification of unions when a majority of employees have signed cards designating a union to represent them, and mandatory arbitration of the terms of a first collective bargaining agreement if the employer and union are unable to reach agreement on their own. Richard Epstein, America’s most prominent libertarian legal scholar, authored a recent op-ed piece in the Wall Street Journal contending that EFCA, if enacted, would be unconstitutional. In his ...
Professor Epstein Responds to Professor Gottesman on EFCA
ACSBlog: The Blog of the American Constitution Society —
... challenging the professor’s claims that the Employee Free Choice Act (EFCA), which is pending in Congress, poses serious constitutional problems. In December, Epstein, in an opinion piece for the Wall Street Journal, contended that EFCA, if enacted, would prove an affront to the First Amendment and the Constitution’s Takings Clause. ...
